Please carefully read this Membership Agreement ("Agreement") before activating your Platinum Rewards Membership account. It is an agreement between you ("Member" or "You") and Platinum Rewards, LLC ("Us" or "We" or "Platinum Rewards"), providers of the Platinum Rewards Program ("Program"), and sets forth the Terms and Conditions of Service governing Membership in the Program and any of Platinum Reward's Member Services. Collectively, these offerings, promotions, Member Services, access to the Platinum Rewards web site and your Platinum Rewards Member account, etc., constitute the whole of the Program. By selecting a participating jeweler ("Jeweler" or "Participating Jeweler"), completing the online Enrollment Form and clicking on the "I accept" icon on our web site; OR by completing, signing and submitting a written Enrollment Form at a Participating Jeweler; you will have shown that you have entirely read, understood, and completely agree to abide by all stipulations set forth in this Agreement.
Activation
You must activate a Platinum Rewards Member Account ("Account") to participate in or to gain access to the Program ("Membership"), including any or all Platinum Rewards offerings, promotions, etc. To activate an Account, you must complete a Membership Enrollment Form, then read and agree to the terms of this Agreement. Your Membership is contingent upon continuous adherence to these terms and conditions, as well as any and all future modifications, provided in this Agreement. If Platinum Rewards has justified reason to believe that You have not upheld all terms and conditions of this Agreement in good faith, then We reserve the right to immediately revoke your Membership privileges. Such negligence on your part will also result, at the sole discretion of Platinum Rewards, in the cancellation of whatever Platinum Points ("Points" or "Platinum Points") have been previously credited to your account.
Membership Eligibility
1. You must be an individual, a resident of the United States or Canada, and 18 years of age or older.
2. The Program is available via access to the Platinum Rewards web site at http://www.tappers.com/platinum-rewards/how-it-works.htm. You need to have Internet access and a valid, operating e-mail address that belongs to and is regularly checked by you to be eligible to receive the privileges and benefits of Membership. Platinum Rewards is not responsible for your inability to connect to the Internet, log into the Platinum Rewards web site, or access your Platinum Rewards account.
3. Members will receive statements of account by e-mail each month. Receipt of these statements is not optional. Members may also receive notifications of changes in the terms and conditions of the program. These notifications are not optional. All other e-mail communication from Platinum Rewards to Member are optional. Member may opt-out of optional communication by logging-in and accessing their Account Maintenance page on the Platinum Rewards web site.
4. No machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Platinum Rewards. Each Member may maintain only one (1) individual or family account.
5. Refusal to abide by any rules may result in the cancellation of your Membership privileges, including, but not limited to, the forfeiture of all of your accumulated Platinum Points.
Membership Requirement Information
As a Member, you must provide Us with valid contact information. It is required that you establish and maintain only one account, and that you provide Platinum Rewards with your unique and valid e-mail address. Platinum Rewards reserves the right to terminate WITHOUT PRIOR WARNING any duplicate accounts, resulting in the potential loss of accumulated Platinum Points. Platinum Rewards reserves the right to terminate WITHOUT PRIOR WARNING the account of any Member who construes his or her account so as to intentionally impersonate another Platinum Rewards Member. Platinum Rewards reserves the right to terminate WITHOUT PRIOR WARNING any Member's account that contains untruthful information.
Participation in the Platinum Rewards Program and the use of Platinum Rewards is currently limited to residents of the United States and Canada unless Platinum Rewards explicitly states otherwise. If you are not a resident of the United States or Canada, you may submit your name, e-mail address, and mailing address to be placed on a waiting list. When Platinum Rewards is available in your area, you will be contacted. Platinum Rewards Memberships are valid for one (1) year from the date of activation, and are automatically renewed on the anniversary date for each subsequent year.
Member Termination
The Participating Jeweler through which you joined the Platinum Rewards program may, at their sole discretion, terminate your membership in the program for any reason, with our without cause, and with or without explanation. When Platinum Rewards is notified by the Jeweler of such termination, we will so terminate your membership. All limitations of liability and other provisions of this Agreement shall survive any such termination.
Account Personalization/Site Encryption
Your Account, account crediting history, password and all Points that you receive in your account are personal to you and or your authorized family members; you may not allow anyone else, outside of this immediate group, to use your password, Account, or Points, and you may not use anyone else's password, Account, or Points. You are responsible for keeping your password secret. Platinum Rewards will not be liable for losses that are incurred through the use of your password by a third party. Platinum Rewards uses reasonable and customary means to maintain the security and confidentiality of your personal account information. In addition, Platinum Rewards upholds the privacy standards as set by reputable Internet watchdog organizations and also will undergo adherence auditing by reputable third party auditors. Despite these precautions, there are certain conditions that exist on the Internet that are generally beyond Platinum Reward's control and could result in a breach of security. Accordingly, Platinum Rewards cannot guarantee that your confidential information will be free from corruption or piracy. You hereby expressly and fully waive any claim to damages against Platinum Rewards that arises out of the loss of data through corruption, piracy, virus infection, breach of security, or for any other reason. For details, rights, and responsibilities on our commitment to your privacy while using the Platinum Rewards web site, please see our Privacy Agreement.
Making Legitimate Purchases from the Participating Jeweler
You will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at the retail jeweler through whom you joined the Program (Participating Jeweler), purchases from which are collectively known as "Jeweler Purchases," and Points earned from such purchases as "Jeweler Points." The Jeweler will determine the Points that will be accredited to your Account. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, insurance, and transaction fees, or as the Jeweler defines as the terms and conditions of the sale.
Purchases made through the Participating Jeweler will be deemed a "Legitimate Purchase" and will earn Points if and only if each of the following criteria is satisfied:
1) Platinum Rewards is not responsible for changes to, or discontinuance of, any Jeweler from the Program, or for any effect on accrual of Platinum Rewards credit caused by such changes, discontinuance, or withdrawal.
The number of Platinum Points awarded and conditions for earning Platinum Points are completely dependent upon the Jeweler's wishes. The Jeweler may offer discounts on their products and services in the form of coupons or premiums that you can order in lieu of Platinum Points. However, Platinum Rewards has no responsibility or liability for the fulfillment of such discounts and premiums. All disputes between you and the Jeweler must be resolved by you directly with that Jeweler. You furthermore agree that Platinum Rewards shall not be compelled to bear witness at any legal proceedings that you initiate against any Participating Jeweler.
The content of the presentation and the products offered are the sole responsibility of the Jeweler. Platinum Rewards is not responsible for the accuracy, truth, or reliability of any product, information, opinions, representations, warranties, advice or other material offered by the Jeweler. Should you be unable to collect any award or product to which you may be entitled, after having met its requirements, due to the Jeweler's direct or indirect failure to fulfill such expectations, or to make such product and/or reward available, Platinum Rewards shall not be responsible to you for the failure to fulfill such product and/or reward. In such cases, you agree that your sole recourse in that event shall be against that Jeweler.
However, if you are dissatisfied with your shopping experience at one of Platinum Rewards Participating Jewelers, you are encouraged to inform the Platinum Rewards Customer Service Department of your displeasure by e-mailing (platinumrewards@tappers.com). While Platinum Rewards will never be in a position to help you resolve your current dispute with the Jeweler, we will gladly accept your comments.
2) The determination of whether or not a purchase made through a Platinum Rewards Jeweler is a "Legitimate Purchase" is ultimately at the sole discretion of that Jeweler.
Making Legitimate Purchases from Platinum Rewards Brick-and-Mortar Merchant Affiliates
You will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the Brick-and-Mortar merchants affiliated with Platinum Rewards (an "Affiliated Brick-and-Mortar Merchant"). Each Affiliated Brick-and-Mortar Merchant determines the percentage that will be accredited to your Platinum Rewards Member account. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, insurance, and transaction fees or as the Affiliated Brick-and-Mortar Merchant defines in their respective Platinum Rewards Affiliate Membership Agreement and/or Operating Agreement document, whichever is less. Any points awarded from purchases made where the purchase is in dispute, or remains unpaid because of a returned check or bad debt will be forfeited and debited from your account. All Affiliated Brick-and-Mortar Merchant Membership and/or Operating Agreements as they relate to their affiliation program(s) with Platinum Rewards are hereby incorporated into this Agreement by reference.
Platinum Rewards cannot be held liable for the failure or inability of the Merchant FOR WHATEVER REASONS to transmit your purchase data to Platinum Rewards for the purpose of crediting your account. Likewise, Platinum Rewards cannot be held responsible if the Affiliated Brick-and-Mortar Merchant fails to remit the appropriate funds to Platinum Rewards for the purpose of account accreditation. If the Merchant fails to remit payment to Platinum Rewards, you will not receive Platinum Rewards credit for your purchases unless Platinum Rewards is able to receive funds related to your purchase from said Merchant. In the event of a partial payment by the Brick-and-Mortar Merchant, Platinum Rewards will pro rate the number of Platinum Rewards that a Member should receive.
Purchases made through Platinum Rewards' Affiliated Brick-and-Mortar Merchants will be deemed a "Legitimate Purchase" and will earn Points if and only if each of the following criteria is satisfied:
1) Certain types of Brick-and-Mortar Affiliates may provide for the earning of Points automatically through the use of a specific credit or debit card as payment for a purchase. If this requirement exists, Platinum Rewards Points can only be earned at such participating Merchants upon paying for your purchase with a credit or debit card that you have registered with Platinum Rewards. Your credit/debit cards first become activated AFTER you have listed the cards and registered yourself successfully as a Platinum Rewards Member on the Platinum Rewards web site or after you have completed and returned a Platinum Rewards membership form.
2) Platinum Rewards is not responsible for changes to, or discontinuance of, any Affiliated Brick-and-Mortar Merchant, or any Affiliated Brick-and-Mortar Merchant withdrawal from the Program, or for any effect on accrual of Platinum Rewards credit caused by such changes, discontinuance, or withdrawal.
The number of Platinum Points awarded and conditions for earning Platinum Points are completely dependent upon the Affiliated Brick-and-Mortar Merchants' wishes. The Affiliated Brick-and-Mortar Merchants may offer discounts on their products and services in the form of coupons or premiums that you can order in lieu of Platinum Points. However, Platinum Rewards has no responsibility or liability for the fulfillment of such discounts and premiums. All disputes between you and an Affiliated Brick-and-Mortar Merchant must be resolved by you directly with that Affiliated Brick-and-Mortar Merchant. You furthermore agree that Platinum Rewards shall not be compelled to bear witness at any legal proceedings that you initiate against any Platinum Rewards Affiliated Brick-and-Mortar Merchant.
The content of the presentation and the products offered are the sole responsibility of the Affiliated Brick-and-Mortar Merchant. Platinum Rewards is not responsible for the accuracy, truth, or reliability of any product, information, opinions, representations, warranties, advice or other material offered by an Affiliated Brick-and-Mortar Merchant. Should you be unable to collect any award or product to which you may be entitled, after having met its requirements, due to the Affiliated Brick-and-Mortar Merchant's direct or indirect failure to fulfill such expectations, or to make such product and/or reward available, Platinum Rewards shall not be responsible to you for the failure to fulfill such product and/or reward. In such cases, you agree that your sole recourse in that event shall be against that Affiliated Brick-and-Mortar Merchant.
However, if you are dissatisfied with your shopping experience at one of Platinum Rewards Affiliated Brick-and-Mortar Merchants, you are encouraged to inform the Platinum Rewards Customer Service Department of your displeasure with a Merchant by e-mailing (platinumrewards@tappers.com). While Platinum Rewards will never be in a position to help you resolve your current dispute with a Merchant, we will gladly accept your comments to make Merchants in your community more accountable to the future desires and wishes of our Members.
3) The determination of whether or not a purchase made through a Platinum Rewards Affiliated Brick-and-Mortar Merchant is a "Legitimate Purchase" is ultimately at the sole discretion of Platinum Rewards.
Member Account Crediting for Purchases at Platinum Rewards Online or Brick-and-Mortar Merchant Affiliates
You understand and agree that Platinum Rewards is not a lending institution or bank and that the Points credited to your account are not held in trust, are not a deposit, and are not insured by any government or private agency and may be commingled or used by Platinum Rewards in the normal course of business. Platinum Rewards will account for the liability of all outstanding Platinum Points under Generally Accepted Accounting Principles (GAAP).
If you are making purchases from Platinum Rewards Affiliated Online or Brick-and-Mortar Merchant(s), your Platinum Rewards account will be credited with a Point value as indicated on the Platinum Rewards web site for the product or service purchased, with two exceptions being when the Affiliated Online or Brick-and-Mortar Merchant withholds a portion of credit for any reason whatsoever, or when the Merchant fails to pay Platinum Rewards for the Points awarded. In the instance that a Merchant withholds partial payment for your purchase, Platinum Rewards will withhold the exact same amount from your Platinum Rewards accreditation for the Legitimate Purchase. Awarded Platinum Rewards Points are subject to adjustments for returns, cancellations, and other events. Platinum Rewards can apply such adjustments to any Member's account at any time at its sole discretion.
At its own discretion, Platinum Rewards is empowered to invest in liquid assets up to, or equal to, 100% of the value of Platinum Points collected from merchants. Platinum Rewards is not required to inform you as to the nature of these investments, or even as to whether such investments have taken place. Any interest earned on these assets will be the sole property of Platinum Rewards and may be used by Platinum Rewards, as it deems appropriate. Platinum Points have no value until they are redeemed at a participating Jeweler towards the purchase of new merchandise. Platinum Points can be accumulated from year-to-year. One Platinum Point equals one cent upon redemption. Members cannot receive the value of Platinum Points in cash or by check made payable to the member. If you provide inaccurate or incomplete personal Member information, you may lose the full amount of Platinum Points that you have previously earned.
Platinum Rewards will calculate, record, and provide you with your Platinum Rewards account history and Platinum Rewards Account balance, and will make this information available to you exclusively through our web site at http://www.platinumrewards.net. Platinum Rewards strives to update your Account with earned Platinum Points monthly, on or about the 15th of each calendar month, for Account activity that took place during the prior calendar month. However, Platinum Rewards cannot be held responsible for delays in the updating of your Account. Furthermore, Platinum Rewards shall in no way be held responsible for an Affiliated Merchant's failure to promptly and properly inform Platinum Rewards of your transaction(s) at the said Merchant.
It is YOUR responsibility to check your Account regularly to ensure that Platinum Points have been properly credited and that your Account balance is accurate. A Member must inform Platinum Rewards of any lacking Platinum Rewards credits to which he or she wishes to lay claim within ninety (90) days of the date on which a Member proposes to have made a valid Legitimate Purchase. Furthermore, all Platinum Rewards credits earned by Members are subject to review. Platinum Rewards may apply necessary adjustments to Member Accounts at any time.
If you dispute the balance of your Platinum Rewards Account, you must contact Platinum Rewards Customer Service by letter (3000 East 1st Ave., Suite 243, Denver, Colorado 80206), fax (303-331-7798) or e-mail (platinumrewards@tappers.com) and you must report at that time or subsequently document the discrepancy in writing. Platinum Rewards Customer Service will investigate your claim and, at Platinum Rewards' sole discretion, adjust the balance or otherwise respond within thirty (30) days of claim receipt. Platinum Rewards determination of any disputes regarding your account balance is absolutely final and binding, and you hereby agree that you will not and cannot appeal Platinum Rewards decision(s) to any third-party arbitrator, or court of law.
Legitimate Use of Platinum Points
You can redeem your Platinum Points only at the Jeweler through whom you joined the Program in accordance with the terms of this Agreement. One (1) Platinum Point is equivalent to one (1) U.S. Penny only when redeemed for purchase(s) made at the Jeweler in a manner consistent with the terms of this Agreement. All other uses of credited Platinum Points are considered illegitimate, and Platinum Rewards will neither honor such uses, nor will we credit Platinum Points from your Member Account towards the financial obligations that you may incur from such transactions. Redeemed Points are not reversible or refundable. Merchandise purchased with Points may be exchangeable, according to the Jeweler's standard return policy. If the Jeweler violates its contractual agreements with Platinum Rewards, and resultantly, said Jeweler fails to accept the Platinum Points, Platinum Rewards cannot be held responsible or liable. Any legal action or arbitration by the Member in question must be undertaken directly and exclusively against said Jeweler and its representative(s). Furthermore, Platinum Rewards shall not bear any of the costs, liability, or burden of such action.
Redemption
Points may be redeemed only at the Jeweler through whom you joined the Program. There is a minimum redemption of 10,000 Points towards any transaction. A transaction is considered either single or multiple item purchases. When redeeming Points, the first Points to be used will be from your balance of earned Network Points. If necessary, points will then be deducted from your balance of Points earned through purchases with the Jeweler. Point balances will never be allowed to have a negative balance. In the event any merchandise is returned to the Jeweler for store credit or refund and the resulting point balance is calculated as a negative total, as a result of a prior redemption the value of that balance is to be deducted from the Member's credit or refund.
Prohibition on Illegitimate Web Site Use
If you are found to have used, or to have attempted to use, any part of Platinum Rewards or Platinum Rewards infrastructure, web site, or technology for illegitimate purposes including, but not limited to, tampering, hacking, spoofing, using robots or scripts, copying, distributing, spamming, modifying, or otherwise corrupting the administration, security, or proper function of any part of Platinum Rewards, then you will forfeit without compensation all accumulated Platinum Points. Additionally, you will be terminated from all future participation in Platinum Rewards and its Program. If appropriate, you also will be prosecuted to the fullest extent that the law permits as a result of any damages to Platinum Rewards.
Web Site Access
Platinum Rewards accepts NO liability for any losses that you experience because Platinum Rewards web site or Platinum Rewards Program are not operational or accessible to you, other Members, or other individuals. Platinum Rewards Program does not make any expressed or implied representation or warranties to you regarding the accuracy, reliability, availability, or other operation(s), or that your access to Platinum Rewards or presentations will be uninterrupted or error-free. Platinum Rewards is not responsible for injury or damage to Members' or to any other person's computer(s) related to or resulting from participating in our Program or from downloading materials from or use of the Platinum Rewards web site. PLATINUM REWARDS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT WITHOUT LIMITATION TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow limitations on or disclaimers of certain warranties, so some of the above may not apply to you.
Program Termination
Platinum Rewards reserves the right to terminate its Program at any time with notice via the e-mail account that you will have provided to Platinum Rewards at the time of your Membership registration (or alternatively, to an updated e-mail Member account of which you have given us notice or by mail to the address you have provided us). Members will have thirty (30) days to redeem any Platinum Points held in each Member's individual account. Platinum Rewards will not be responsible for failing to successfully notify you of Program termination when such failure is caused by an error in your e-mail program or on your e-mail server, or if you have provided Platinum Rewards with an inaccurate e-mail or mailing address, or if you fail to check for your e-mail online, or if you fail to inform Platinum Rewards of a change in your e-mail or mailing address. In the event that a Member has no activity on his or her account (accumulation or redemption) for a period of three (3) consecutive years, then Platinum Rewards reserves the right to close said Member's account and any points accumulated shall be forfeited by Member.
Intellectual Property Restrictions
All material found on the Platinum Rewards web site, unless otherwise stated, is the exclusive property of Platinum Rewards, Inc. Platinum Rewards retains all rights to all Platinum Rewards web site design, text, graphics, and the selection and arrangement thereof, as well as all software and other implemented technologies owned by Platinum Rewards. Any unauthorized copying or publication of Platinum Rewards or any of the presentations or other subject matter associated with Platinum Rewards will constitute an infringement of Platinum Rewards rights under the Copyright Laws and you will be subject to all the damages and other penalties available under those laws, including criminal prosecution where available. Copyright © 2002-2005 Platinum Rewards, LLC, ALL RIGHTS RESERVED.
"Platinum Rewards" is a trademark of Platinum Rewards, LLC. All related trademarks, service marks, and trade names are proprietary and are owned and controlled by Platinum Rewards. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the trademarks, logos, service marks, and trade names without the express written consent of Platinum Rewards legal representative(s). All other trademarks, product names and company names or logos cited herein or on our web site are the property of their respective owners.
Limitation of Liability
PLATINUM REWARDS SHALL NOT BE LIABLE TO A MEMBER FOR ANY LOST PROFITS, LOST DATA OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF PLATINUM REWARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLATINUM REWARDS'S TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER EXCEED THE MEMBERSHIP FEES PAID BY A MEMBER TO PLATINUM REWARDS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS. THE LIMITED WARRANTY AND LIMITED LIABILITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF THE BARGAIN HEREUNDER, AND PLATINUM REWARDS WOULD NOT AGREE TO PROVIDE THE SERVICES TO ANY MEMBER ABSENT SUCH LIMITATIONS.
General
(a) Governing Law; Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Colorado as between Colorado residents and without reference to conflict of laws principles. No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has arisen, with the exception of violation of Platinum Rewards, LLC's proprietary rights in the Software or Confidential Information. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement or the subject matter hereof. Upon Platinum Rewards, LLC's request, Member agrees to submit to the jurisdiction and venue of, and agrees that any cause of action arising under this Agreement, shall be brought in a court in Denver, Colorado. Further, in any such dispute, under no circumstances will Member be permitted to obtain awards for, and Member hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs directly associated with Member's participation as an Platinum Rewards Member). Member further waives all rights to have damages multiplied or increased.
(b) Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved by either a small claims action or by binding arbitration in Denver, Colorado, USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Platinum Rewards and Member agree not to file any action of any kind in any court other than small claims except as necessary to obtain a judgment upon an award rendered by an arbitrator pursuant to this paragraph. Platinum Rewards and Member specifically agree that neither party is entitled to injunctive relief of any kind from any court and that the Commercial Arbitration Rules of the American Arbitration Association contain adequate provisions for any interim relief that either Platinum Rewards, LLC or Member will ever need in any dispute concerning any and all dealings between Platinum Rewards, LLC and Member.
(c) No Assignment and Binding Effect. Neither party may transfer or assign directly or indirectly its rights or obligations under this Agreement without the prior written consent of the other party. Subject to the foregoing sentence, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Any assignments in violation of this Section shall be null and void.
(d) Force Majeure. Except for payment obligations, nonperformance of Platinum Rewards shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, Acts of God, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of Platinum Rewards.
(e) Waiver. The failure of Platinum Rewards, LLC to exercise any right given to it by or to insist upon strict adherence to the terms of this Agreement, shall not constitute a waiver or any terms or conditions herein with respect to any other or subsequent breach.
(f) Participation. If local laws prohibit your participation in any part of Platinum Rewards, including Membership, then you are responsible for complying with such laws, and Platinum Rewards Membership and this Agreement or relevant portions thereof, will be void where prohibited by such laws.
(g) Severability. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and all other provisions contained herein will remain in full force and effect.
Modification of this Agreement
Platinum Rewards reserves the right, at the company's sole discretion, to modify any part of Platinum Rewards, the Program or this Agreement at any time by changing the Agreement or other information on our Website, as well as statements in our disclaimer(s), privacy statement(s), or other content of our web pages at any time WITHOUT PRIOR WARNING to Members. It is entirely the responsibility of each Platinum Rewards Member to fully appraise himself or herself immediately of any and all changes instituted in Platinum Rewards Member policies, or other knowledge or statements presented on the Platinum Rewards web site. Upon a change or upon changes to this Agreement, the Member, having informed himself or herself immediately of the changes to this Agreement, must decide whether to maintain his or her Membership in Platinum Rewards. If the Member disagrees with the modified Terms of Service in this Agreement, his or her sole recourse is to withdraw from the Platinum Rewards Program entirely and promptly. The Member must tender his or her withdrawal from the Platinum Rewards Program in writing (3000 E. 1st Ave., Suite 243, Denver, Colorado, 80206). Furthermore, within thirty (30) days following voluntary withdrawal from the Program and Platinum Rewards Membership, the Member shall redeem all Platinum Points remaining in his or her account. After the thirty (30) day period has expired, the Member's account shall be closed and the Member shall no longer have access to their account on the Platinum Rewards web site and any points remaining in the Member's account shall be forfeited. This agreement and or the entire program maybe assigned in whole or part to a 3rd party at the direction or conveyance of Platinum Rewards, LLC.
Acceptance
By submitting the required information on the online or printed form, you are indicating that you are over the age of 18 years, that you have entirely read and completely understood this Membership Agreement, and that you agree to be inexorably bound by its terms and conditions, as permissible under the law.
Last Updated: July 24, 2008 |
